O2 Default

[stu_991]

hi

 

After try to apply for a mortgage on 24th may, found out had an old O2 default on my report this was from 16/9/04 after speak with o2 my curent balance is £0 but on credit report is £391.

 

I have informed O2 that this contract was taken out in Scotland so is subject to scottish law and under the prescription and limitations (scotland ) act 1973 should be removed after 5 years, but o2 now keep quoting that they have loaded in onto credit report as per DPA & information commissioners. Can anyone please advise as to how i can get this default off asap. or am i stuck with it until 16/9/2010 when the 6 years are up.

 

Many thanks

[maroondevo52]

Hello and Welcome,

 

Defaults stay on your credit reference for a statutory Six year period unless removed with the creditors prior written permission, although a debt can be legally considered Statute barred in Five years (Scotland) the default is a different matter these stay for a fixed Six year cycle unless it was

 

(A) Placed unlawfully or.......

 

(B) You get the required permission to have it removed earlier.

 

© Although the debt is considered SB after Five years in (Scotland only) you would need written acknowledgement that this is considered the case, before you were able to apply to the credit agency for it's early removal.

 

Regards.

 

Scott.

[stu_991]

Scott

 

thanks for the reply. so if i can get O2 to agree its SB can i then apply to the credit agenncies to have the default removed.

 

Thank you for your e-mail sent 25 May 2010.

I’m sorry to learn that your credit file has had adverse information applied to it. I can appreciate the frustration this is causing.

I have looked into your query and we are unable to remove the entry you refer to from your credit file, as this shows an accurate record of your payment history.

Your invoices for Invoices 14 July 2004, 26 August 2004, 14 September 2004 and 16 September 2004 were not fully paid within 14 days. We sent reminders on 2 and 10 November 2004. O2 is not responsible for the receipt of correspondence.

O2 are legally bound to load an accurate record of the payment history of an account and if a bill is not fully paid with the 14 day terms of the contract, late payments will load automatically, leading to a default after six months. These details remain on the credit file for six years from the date of the settlement or default -whichever occurs earlier. I understand that you dispute this because you refer to Scottish laws however, as you’ve previously been advised, we load information as per the requirements of the DPA and Information Commissioner.

Can anyone advise from the above if the default date should then have been 14th july 2004 and not 26/3/2005 as O2 have it at.

[stu_991]

Just ben informed by O2 they had sold the bedt onto a 3rd party but since 2004/2005 i have never been contacted by O2 or any 3rd party requesting any payment.

 

what can i do

[stu_991]

Just found out that this was sold onto Robinson Way some time in 2006 and that in 12th Dec 2006 they lettered me about this but the letter was returned as i had moved in Aug 2006. My credit report has been upto date sine 2006 is there anything that can been done. Its O2 and not \robinson way that have the default on my credit report so O2 have known all along about my new address.

 

Cheers Stu

[stu_991]

anyone able to help at all

[stu_991]

quick addition does O2 have to send out a notice of default or does the consumer credit act not apply to them

[stu_991]

can anyone advide on the below from o2 stating in 2004 it was legal to add default after 9 months and not limited to 6 months

We load defaults after 6 consecutive months of non payment.

The default has been loaded after the 6th month (so in affect the start of the 7th month). The default date shown on your credit file is correct, and as such I am unable to make any amendment. Legally speaking in 2004 we were entitled to load a default up to 9 months after termination of the account.

As I stated though during that period (up until 2006) we loaded default up to 9 months after the account terminated – hence the March default date.

You are correct applying the logic that if we loaded after 6 months then it would be January. But the loading after 6 months started in 2006 (from what memory serves). As the default was loaded in 2004 we were allowed to use the 9 month period; as such the credit file loading is correct.

[stu_991]

can anyone advise on this one at all.

 

cheers

[maroondevo52]

Hi,

 

I've been advised by another Mod, you'll be stuck with it, even tho' it's statute barred it still remains on your credit file for six years.... it's not seen as 'enforcement'.

 

Regards.

 

Scott.

[stu_991]

Scott,

 

i understand the 6 year rule, what i was challanging was the 6 - 9 month limit for the addition of the default and even at 9 month is not set at the right date?

[cerberusalert]

The default should have been dated when the a/c became delinquent and is supposed to be registered within three to six months. You could complain to O2, the Credit reference agencies & the ICO but by the time anything is done it would have more than likely dropped off your file anyway.